NAVNEET Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is a reference made under Section 256 (1) of the IT Act at the instance of assessee arising out of the order of Tribunal, dt. 30th May, 1986, passed in ITA/358/ind/1983 to answer following two questions of law said to arise out of the order of the Tribunal: "1. Whether the Tribunal has erred in law in ignoring the objection in regard to the maintainability of appeal and whether the Tribunal has erred in accepting the fresh memorandum of appeal presented beyond the period of limitation and deciding the appeal on merits ?

(2.) WHETHER the Tribunal has erred in reaching the conclusion about deemed concealment of income to the extent of Rs. 77,707 in the facts and circumstances of the case ?" 2. Heard Shri G. M. Chafekar, learned senior counsel, with Shri Sarda, learned counsel for the applicant, and Shri R. L. Jain, learned counsel for non-applicant.

(3.) SO far as question No. 1 is concerned, we do not find any merit in the same. In other words, it is difficult to answer the said question in favour of assessee. It is for the reason that even as per the statement of case drawn by the Tribunal, it is noticed that the assessee (who was respondent) in an appeal filed by the Revenue, did not raise any specific objection in regard to tenability of the appeal on the ground of its being barred by limitation. In this view of the matter and in the light of what the statement of case records, we cannot answer the question No. 1 in assessee's favour.